Hawa Singh Vs. the Administrator, Krishi Upaj Mandi Samiti and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/770047
SubjectLabour and Industrial
CourtRajasthan High Court
Decided OnOct-09-2001
Case NumberD.B. Civil Special Appeal Dr(J) No. 629 of 1999
Judge Rajesh Balia and; Harbans Lal, JJ.
Reported in2000WLC(Raj)UC30
ActsCode of Civil Procedure (CPC) - Order 36, Rule 1
AppellantHawa Singh
RespondentThe Administrator, Krishi Upaj Mandi Samiti and ors.
Appellant Advocate Sanjay Thomas, Adv.
Respondent Advocate S.S. Sodha, Adv. for; Ravi Bhansali, Adv.
DispositionAppeal dismissed
Excerpt:
- balia, j.1. heard learned counsel for the parties.2. no additional affidavit has been submitted as was requested by the learned counsel for the appellant on 2.8.2001 and for which time was granted on 2.8.2001. thereafter, more than two months have elapsed but no additional affidavit has been filed.3. from the application under section 5 of the limitation act, we find no ground much less sufficient cause has been made out, for not filing the appeal within limitation, the application does not deserve consideration. '4. moreover, on merit we find that the principal relief claimed in the writ petition was that the respondents be directed to comply the annexure-1 dt.20.4.1993 in all its letters and spirit and to give all consequential benefits to the petitioner and also the respondents be directed to consider the pay-scale as a regular employee in the pay-scale since 1.4.1985.5. learned single judge has noticed that dispute referred to labour court was about the alleged retrenchment of the petitioner which was found to be illegal and he was directed to be reinstated with continuity of service. no relief has been granted in view of the statement made before the courts that he has been reinstated. the award stands fully implemented. the relief of regularisation has not been granted by the labour court and therefore, no relief by way of regularisation in the process of implementation could be claimed by the petitioner.6. the appeal is rejected.
Judgment:

Balia, J.

1. Heard learned counsel for the parties.

2. No additional affidavit has been submitted as was requested by the learned counsel for the appellant on 2.8.2001 and for which time was granted on 2.8.2001. Thereafter, more than two months have elapsed but no additional affidavit has been filed.

3. From the application Under Section 5 of the Limitation Act, we find no ground much less sufficient cause has been made out, for not filing the appeal within limitation, the application does not deserve consideration. '

4. Moreover, on merit we find that the principal relief claimed in the writ petition was that the respondents be directed to comply the Annexure-1 dt.20.4.1993 in all its letters and spirit and to give all consequential benefits to the petitioner and also the respondents be directed to consider the pay-scale as a regular employee in the pay-scale since 1.4.1985.

5. Learned Single Judge has noticed that dispute referred to Labour Court was about the alleged retrenchment of the petitioner which was found to be illegal and he was directed to be reinstated with continuity of service. No relief has been granted in view of the statement made before the Courts that he has been reinstated. The award stands fully implemented. The relief of regularisation has not been granted by the Labour Court and therefore, no relief by way of regularisation in the process of implementation could be claimed by the petitioner.

6. The appeal is rejected.